Amended  IN  Assembly  February 10, 2020
Amended  IN  Senate  May 21, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 573

Introduced by Senator Chang

February 22, 2019

An act to amend Sections 50210, 50214, and 50215 of, and to add Sections 50213.5 and 50215.5 to, the Health and Safety Code, relating to homelessness. An act to add Sections 31108.3 and 31752.1 to the Food and Agricultural Code, relating to animals.


LEGISLATIVE COUNSEL'S DIGEST


SB 573, as amended, Chang. Homeless Emergency Aid program: funding. Dogs and cats: microchip implants.
Existing law requires that the holding period for a stray dog or cat impounded in a shelter be 6 business days, not including the day of impoundment, with exceptions, as provided. Existing law requires a shelter, during this holding period and before adoption or euthanasia, to scan the dog or cat for a microchip that identifies the owner of that dog or cat and to make reasonable efforts to contact the owner.
This bill would prohibit a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group from releasing a dog or cat to an owner seeking to reclaim it, or adopting out, selling, or giving away a dog or cat to a new owner, unless the dog or cat is or will be microchipped, as specified. If the agency, shelter, or group does not have microchipping capability on location, the bill would require that the agency, shelter, or group make a good faith effort to locate available free or discounted regional microchipping services and provide that information to the owner or new owner. The bill would exempt from these microchipping requirements a dog or cat that is medically unfit for a microchipping procedure, or a dog or cat reclaimed or received by an owner who signs a form stating that the cost of microchipping would impose an economic hardship for the owner, as provided. Under the bill, an agency, shelter, or group that violates these provisions on or after January 1, 2022, would be subject to a civil penalty of $100, except as specified.

Existing law establishes the Homeless Emergency Aid program, administered by the Business, Consumer Services, and Housing Agency in coordination with the Homeless Coordinating and Financing Council, for the purpose of providing localities with one-time flexible block grant funds to address their immediate homelessness challenges. Subject to appropriation by the Legislature, existing law requires the agency to distribute funds, in accordance with specified formulae, to administrative entities and to cities that meet certain requirements, including that the city or the jurisdictions represented by the administrative entity, as applicable, have declared a shelter crisis pursuant to specified law. Existing law requires that applications be submitted by December 31, 2018, and provides for an allocation of funds in up to 3 rounds. Existing law requires award recipients to expend program funds on one-time uses that address homelessness, including, but not limited to, prevention, criminal justice diversion programs to homeless individuals with mental health needs, and emergency aid, and to submit a report to the agency by January 1, 2020, pertaining to contract expenditures, the number of homeless individuals served by program funds, and progress toward state and local homelessness goals.

This bill would, upon appropriation, make funding available to the agency to be used to provide an allocation of funds to administrative entities under the program. The bill would specify an allocation formula based on the homeless point-in-time count for each administrative entity and require administrative entities to apply for funding in a manner similar to existing provisions of the program. The bill would require that funds allocated pursuant to these provisions be used to fund programs and provide other assistance that prioritizes meeting the needs of veterans and homeless youth, as defined. The bill would require an administrative entity to report to the agency by January 1 of the year following the year in which it received an allocation pursuant to these provisions. The bill would authorize the agency to monitor expenditures and activities of an administrative entity that receives an allocation and to request the repayment of funds allocated from an administrative entity, or pursue any other remedies available to it by law for failure to comply with program requirements.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 31108.3 is added to the Food and Agricultural Code, to read:

31108.3.
 (a) (1) Except as provided in subdivision (b), a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall not release a dog to an owner seeking to reclaim it, or adopt out, sell, or give away a dog to a new owner, unless either of the following conditions is met:
(A) The dog is microchipped with current information on the owner reclaiming the dog or new owner receiving the dog, as applicable.
(B) If the agency, shelter, or group does not have microchipping capability on location, the agency, shelter, or group first obtains from the owner reclaiming the dog or new owner receiving the dog an agreement that requires the owner or new owner to present to the agency, shelter, or group, within the next 30 days, proof that the dog is microchipped as described in subparagraph (A).
(2) If the agency, shelter, or group does not have microchipping capability on location, the agency, shelter, or group shall make a good faith effort to locate available free or discounted regional microchipping services and provide that information to the owner or new owner.
(3) An agency, shelter, or group may require proof that the dog is microchipped with current information on the owner reclaiming the dog or new owner receiving the dog before releasing, adopting out, selling, or giving away the dog, as applicable, pursuant to paragraph (1).
(4) For purposes of subparagraph (B) of paragraph (1), an owner reclaiming a dog or new owner receiving a dog is not required to register the dog’s microchip number with a microchip registry company that will use, without the owner’s or new owner’s consent, the personal information of the owner or new owner for purposes other than to reunite the owner or new owner with the dog.
(b) (1) Notwithstanding subdivision (a), this section does not require a dog to be microchipped if a licensed veterinarian certifies in writing that the dog is medically unfit for the microchipping procedure because the dog has a physical condition that would be substantially aggravated by the procedure.
(2) Notwithstanding subdivision (a), this section does not require a dog to be microchipped if the agency, shelter, or group receives a signed form from the owner reclaiming the dog or new owner receiving the dog that states that the cost of microchipping would impose an economic hardship for the owner or new owner.
(c)  (1) An agency, shelter, or group that violates this section on or after January 1, 2022, is subject to a civil penalty of one hundred dollars ($100).
(2) Chapter 7 (commencing with Section 31401) and Section 9 do not apply to a violation of this section.
(3) An agency, shelter, or group that does not have microchipping capability on location is not subject to the civil penalty described in this subdivision upon obtaining the agreement described in subparagraph (B) of paragraph (1) of subdivision (a).

SEC. 2.

 Section 31752.1 is added to the Food and Agricultural Code, to read:

31752.1.
 (a) (1) Except as provided in subdivision (b), a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall not release a cat to an owner seeking to reclaim it, or adopt out, sell, or give away a cat to a new owner, unless either of the following conditions is met:
(A) The cat is microchipped with current information on the owner reclaiming the cat or new owner receiving the cat, as applicable.
(B) If the agency, shelter, or group does not have microchipping capability on location, the agency, shelter, or group first obtains from the owner reclaiming the cat or new owner receiving the cat an agreement that requires the owner or new owner to present to the agency, shelter, or group, within the next 30 days, proof that the cat is microchipped as described in subparagraph (A).
(2) If the agency, shelter, or group does not have microchipping capability on location, the agency, shelter, or group shall make a good faith effort to locate available free or discounted regional microchipping services and provide that information to the owner or new owner.
(3) An agency, shelter, or group may require proof that the cat is microchipped with current information on the owner reclaiming the cat or new owner receiving the cat before releasing, adopting out, selling, or giving away the cat, as applicable, pursuant to paragraph (1).
(4) For purposes of subparagraph (B) of paragraph (1), an owner reclaiming a cat or new owner receiving a cat is not required to register the cat’s microchip number with a microchip registry company that will use, without the owner’s or new owner’s consent, the personal information of the owner or new owner for purposes other than to reunite the owner or new owner with the cat.
(b) (1) Notwithstanding subdivision (a), this section does not require a cat to be microchipped if a licensed veterinarian certifies in writing that the cat is medically unfit for the microchipping procedure because the cat has a physical condition that would be substantially aggravated by the procedure.
(2) Notwithstanding subdivision (a), this section does not require a cat to be microchipped if the agency, shelter, or group receives a signed form from the owner reclaiming the cat or new owner receiving the cat that states that the cost of microchipping would impose an economic hardship for the owner or new owner.
(c) (1) An agency, shelter, or group that violates this section on or after January 1, 2022, is subject to a civil penalty of one hundred dollars ($100).
(2) Section 9 does not apply to a violation of this section.
(3) An agency, shelter, or group that does not have microchipping capability on location is not subject to the civil penalty described in this subdivision upon obtaining the agreement described in subparagraph (B) of paragraph (1) of subdivision (a).

SECTION 1.Section 50210 of the Health and Safety Code is amended to read:
50210.

For purposes of this chapter, the following definitions shall apply:

(a)“Administrative entity” means a unit of general purpose local government or a nonprofit organization that has previously administered federal Department of Housing and Urban Development Continuum of Care funds as the collaborative applicant pursuant to Section 578.3 of Title 24 of the Code of Federal Regulations that has been designated by the Continuum of Care to administer program funds.

(b)“Agency” means the Business, Consumer Services, and Housing Agency.

(c)“Council” means the Homeless Coordinating and Financing Council created pursuant to Section 8257 of the Welfare and Institutions Code.

(d)“County” includes, but is not limited to, a city and county.

(e)“Homeless” has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on May 1, 2018.

(f)“Homeless point-in-time count” means the 2017 homeless point-in-time counts pursuant to Section 578.3 of Title 24 of the Code of Federal Regulations.

(g)“Homeless youth” has the same meaning as defined in paragraph (2) of subdivision (e) of Section 12957 of the Government Code.

(h)“Program” means the Homeless Emergency Aid program established pursuant to this chapter.

(i)“Veteran” means an individual who meets the service requirements specified in paragraphs (1) and (2) of subdivision (o) of Section 3 of Article XIII of the California Constitution and who is homeless.

SEC. 2.Section 50213.5 is added to the Health and Safety Code, to read:
50213.5.

(a)Upon appropriation by the Legislature from the General Fund, funding shall be provided to the agency to be used to provide grants to administrative entities.

(b)In any year in which moneys are made available to the agency pursuant to subdivision (a), the agency shall allocate the following amounts to administrative entities according to the following groupings based on homeless population:

(1)To administrative entities with a homeless point-in-time count of over 20,000 persons, up to forty million dollars ($40,000,000).

(2)To administrative entities with a homeless point-in-time count between 4,000 and 19,999 persons, up to sixty million dollars ($60,000,000).

(3)To administrative entities with a homeless point-in-time count between 2,500 and 3,999 persons, up to thirty million dollars ($30,000,000).

(4)To administrative entities with a homeless point-in-time count between 1,800 and 2,499 persons, up to forty-eight million dollars ($48,000,000).

(5)To administrative entities with a homeless point-in-time count between 1,500 and 1,799 persons, up to eighteen million dollars ($18,000,000).

(6)To administrative entities with a homeless point-in-time count between 1,000 and 1,499 persons, up to thirty-two million dollars ($32,000,000).

(7)To administrative entities with a homeless point-in-time count between 750 and 999 persons, up to twelve million dollars ($12,000,000).

(8)To administrative entities with a homeless point-in-time count between 250 and 749 persons, up to seven million dollars ($7,000,000).

(9)To administrative entities with a homeless point-in-time count of less than 250 persons, up to two million dollars ($2,000,000).

(10)The agency shall set aside funds for each administrative entity grouping with the funds available for each grouping to be divided equally among administrative entities within that grouping.

(11)Up to one million dollars ($1,000,000) shall be available for the agency to administer the program.

(c)Applications for the first round of awards shall be submitted to the agency on or before December 31 of the year preceding the year for which an administrative entity seeks funding under this section. The agency shall verify whether each funding request meets the minimum criteria established by this chapter and make awards on a continuous basis based on that criteria, but no later than January 31 of the year for which the administrative entity seeks funding under this section.

(d)(1)If, after the first round of awards pursuant to subdivision (c), not all funds have been claimed by all administrative entities, the agency shall set aside any remaining funds for a second round of awards.

(2)Applications for the second round of awards shall be submitted to the agency on or before April 30 of the year for which an administrative entity seeks funding under this section. The agency shall verify whether each funding request meets the minimum criteria established by this chapter and make awards on a continuous basis based on that criteria, but no later than May 31 of the year for which the administrative entity seeks funding under this section. Any qualifying administrative entity may apply for funds available in the second round of awards.

(e)If, after the second round of awards pursuant to subdivision (d), not all funds have been claimed by all administrative entities, the remaining unencumbered balance of funding available for the year shall revert to the General Fund.

SEC. 3.Section 50214 of the Health and Safety Code is amended to read:
50214.

(a)(1)Program funds shall be expended on one-time uses that address homelessness, including, but not limited to, prevention, criminal justice diversion programs to homeless individuals with mental health needs, and emergency aid.

(2)Program funds allocated pursuant to Section 50213.5 shall be used to fund programs and provide other assistance, as provided in this section, that prioritizes meeting the needs of veterans and homeless youth.

(b)No more than five percent of programs funds may be used for administrative costs related to the execution of eligible activities. For purposes of this subdivision, “administrative costs” does not include staff costs directly related to carrying out the eligible activities pursuant to subdivision (a). Program funds shall not be used for overhead or planning activities.

(c)An administrative entity shall use no less than five percent of its total allocation to establish or expand services meeting the needs of homeless youth or youth at risk of homelessness.

SEC. 4.Section 50215 of the Health and Safety Code is amended to read:
50215.

(a)(1)No later than January 1, 2020, each recipient of program funds pursuant to Section 50213 shall submit to the agency a report, on a form provided by the agency, pertaining to contract expenditures, the number of homeless individuals served by program funds, and progress toward state and local homelessness goals.

(2)The agency may request additional information, as needed, to meet other applicable reporting or audit requirements.

(b)(1)Not less than 50 percent of program funds allocated pursuant to Section 50213 shall be contractually obligated by January 1, 2020.

(2)One hundred percent of program funds allocated pursuant to Section 50213 shall be contractually obligated by June 30, 2021. Any funds not expended by that date shall be returned to the agency and revert to the General Fund.

(c)The agency may monitor expenditures and activities of an administrative entity that receives an allocation pursuant to Section 50213 as the agency deems necessary, to ensure compliance with program requirements.

(d)The agency may, as it deems appropriate or necessary, request the repayment of funds allocated pursuant to Section 50213 from an administrative entity, or pursue any other remedies available to it by law for failure to comply with program requirements.

SEC. 5.Section 50215.5 is added to the Health and Safety Code, to read:
50215.5.

(a)(1)No later than January 1 of the year following the year in which the administrative entity received an allocation pursuant to Section 50213.5, each recipient of program funds pursuant to that section shall submit to the agency a report, on a form provided by the agency, pertaining to contract expenditures, the number of homeless individuals served by program funds, and progress toward state and local homelessness goals. The report shall specify the number of veterans and homeless youth served by the contract expenditures.

(2)The agency may request additional information, as needed, to meet other applicable reporting or audit requirements.

(b)The agency may monitor expenditures and activities of an administrative entity that receives an allocation pursuant to Section 50213.5, as the agency deems necessary, to ensure compliance with program requirements.

(c)The agency may, as it deems appropriate or necessary, request the repayment of funds allocated pursuant to Section 50213.5 from an administrative entity, or pursue any other remedies available to it by law for failure to comply with program requirements.